Supreme Court Grants Bail in Criminal Appeal Due to Lengthy Custody. Court Orders Release on Bail Bond and Sureties Considering Custody Duration.

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Case Note & Summary

The case involved an appeal filed by the appellant, Man Singh, against the State of Rajasthan. The appellant had been in custody for approximately one year, prompting the appeal for bail. The Supreme Court noted that despite service of notice, no one appeared on behalf of the respondent. Considering the duration of the appellant's custody, the court decided to grant bail. The court directed that the appellant be released upon furnishing a bail bond of Rs. 25,000 with two sureties of the same amount, to the satisfaction of the Trial Court. The appeal was allowed with this direction, emphasizing the importance of the duration of custody in bail considerations.

Headnote

A) Criminal Law - Bail - Grant of Bail - Criminal Procedure - Court directed the release of the appellant on bail after considering the duration of custody. The appellant had been in custody for about a year, and the court found it appropriate to grant bail upon furnishing a bond and sureties to the satisfaction of the Trial Court. Held that the appeal was allowed with the direction for bail (Paras Not mentioned).

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Issue of Consideration

Whether the appellant should be granted bail after being in custody for about a year.

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Final Decision

The Supreme Court allowed the appeal and directed the release of the appellant on bail upon furnishing a bail bond of Rs. 25,000 with two sureties of the same amount to the satisfaction of the Trial Court.

Law Points

  • Bail
  • Custody
  • Criminal Procedure
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Case Details

2008 LawText (SC) (01) 434

Appeal (crl.) 189 of 2008

2008-01-28

S.B. Sinha, V.S. Sirpurkar

Man Singh

State of Rajasthan

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Nature of Litigation

Criminal appeal for bail

Remedy Sought

Appellant sought bail after being in custody

Filing Reason

Appellant had been in custody for about a year

Issues

Grant of bail after lengthy custody

Submissions/Arguments

Appellant argued for bail due to lengthy custody Respondent did not appear

Ratio Decidendi

The court emphasized the significance of the duration of custody in deciding bail applications.

Judgment Excerpts

The appellant being in custody for about a year now, we direct that he shall be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties each for the same amount to the satisfaction of the Trial Court. The appeal is allowed with the aforementioned direction.

Acts & Sections

  • Code of Criminal Procedure, 1973:
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